Any drug possession charge should not be taken lightly. Penalties for these infractions can range from little, to no jail time, to five or more years in jail or prison, depending on the charge. The difference in sentencing will be determined by the type of drug or possession charge you face, the amount of drugs you were caught with, any previous legal history, and the expertise of your defense attorney.
Drug Classes
Illegal drugs are grouped into five distinct classifications depending on severity. Classes 1, 1A, and 2 carry the harshest penalties with a first time offense leading to you being charged with a felony with at least 6 months of jail time and a hefty fine. Classes 3 and 4 will generally be charged as a misdemeanor with no more than a year jail time in a county facility, provided the charge was for less than 28 grams. Anything over that amount of weight will carry a felony charge.
Additional Penalties
The state can also impose additional penalties such as suspension of state issued licenses or seizure of property. This can have devastating effects on your life, especially if you are required to be licensed professionally.
Will I Have to Serve Jail Time?
It’s entirely possible that if your charge was for a small amount and, if this is your first offense, you may be able to avoid incarceration. But, there is no guarantee. The court is not required to be lenient with these cases especially if you have any type of prior conviction. Fortunately, there are instances where state law mandates individuals undergo treatment instead of serving time.
How an Experienced Defense Attorney Can Assist You
Mounting a successful defense against drug charges is tricky. These cases are complex and depend on numerous variables. First and foremost, your defense attorney will need to evaluate the arrest to determine if probable cause was present. If there was not probable cause, he may be able to suppress some or all of the evidence. The crucial key is to hire an experienced defense attorney quickly, in order to gather evidence and to protect your rights.
The law firm of Goldstein & Scopellite, PC, with its experienced drug possession criminal attorneys, has an excellent track-record. The firm, located in Dallas, Texas, was established in 2002; now only takes selected clients. Contact the firm’s representative at 214-351-9100 for more information. Thank you.